31-141. Same; powers of fire marshal in conduct of hearing; subpoena of witnesses and records; record of proceedings; statement; failure to comply with subpoena, effect; order by district court; servi
31-141
31-141. Same; powers of fire marshal in conduct of hearing;subpoena of witnesses and records; record of proceedings; statement;failure to comply with subpoena, effect; order by district court;service of process; costs, taxation.(a) Whenever the state fire marshal or the state fire marshal's authorizedrepresentative is authorized to conduct a hearing under the provisions ofK.S.A. 31-138 and amendments thereto, the state fire marshal shall have thepower to administer oaths, examine and cross-examine witnesses, receiveoral and documentary evidence, andshall have the power to subpoena witnesses, compel their attendance, andrequire the production of books, papers, records, correspondence orother documents which are deemed relevant to the inquiry. The state firemarshal at such hearing may, and upon the request of any party shall,cause to be made a stenographic record of all the evidence and all theproceedings had at such hearing. If no stenographic record is made andif a judicial review is sought, the state fire marshal shall prepare astatement of the evidence and proceedings for use on review. In case ofa refusal of any person to comply with any subpoena issued hereunder orto testify with respect to any matter concerning which such person may belawfully interrogated, the district court of Shawnee county or thecounty wherein such party resides, on application of the state firemarshal, may issue an order requiring such person to comply with suchsubpoena and to testify. Any failure to obey any such order of thecourt may be punished by the court as a contempt thereof. Nothingcontained in this act shall require the observance at any such hearingof formal rules of pleading or evidence. Notice of such hearings and anyother process caused to be issued by the state fire marshal shall beserved in substantial compliance with the requirements for service ofprocess in district court.
(b) Whenever any person shall appeal an order or ruling issued pursuantto the provisions of this act, as provided in K.S.A. 31-140 and amendmentsthereto, and after a hearing the decision of the state fire marshal isadverse to such person, the costs of the hearing, including witness fees,shall be taxed to such person.
History: L. 1972, ch. 157, § 10; L. 1988, ch. 356, § 70; July 1, 1989.